Property Rights Of Spouses Bill Will Ensure Gender Equity

Mrs Sheila Minkah-Premo, Chairperson of LAWA-Ghana Alumnae Incorporated, has said even though the preparation of the Property rights of Spouses Bill (PRSB) has been protracted, its passage into law, will ensure the equity distribution of spouses� property. � Speaking at a sensitization seminar for selected media practitioners in Accra, � Mrs Minkah-Premo pointed out that one of the biggest obstacles inhibiting the passage of the Bill is perception. � The seminar was organized jointly by the African Women Lawyers Association, LAWA-Ghana and the Property Rights of Spouses Coalition, with funding from Strengthening Transparency, Accountability and Responsiveness (STAR) Ghana. � It aimed at educating the journalists on the Bill, so that by understanding the Bill, they would come out with the type of reportage that could serve as a catalyst to convince stakeholders to speed up the processes in passing it into law. � Mrs Minkah-Premo recounted that in October 2009, the Ministry of Justice laid the Bill before Parliament, but in spite of all advocacy, the Bill lapsed in December 2012, and could not become law, when the term of the then Parliament expired. � The LAWA Chairperson pointed out that even though the Bill will benefit both men and women when it becomes law, because of the inequitable treatment of women when it comes to the sharing of marriage property, women stand to benefit greatly. � Mrs Minkah-Premo said the purpose of the Bill will be to regulate the property rights of spouses, in accordance with Article 22 of the Constitution, particularly clauses two and three. � She explained that the article requires spouses to have equal access to property jointly acquired during marriage, and for matrimonial property to be equitably distributed between spouses upon the termination of marriage. � On women�s contributions in marriage, the LAWA Chairperson said, even though women have always worked tirelessly towards the acquisition of property during marriage, for a long time, their invaluable contributions have not been recognized and appreciated by society. � She said despite women�s contributions towards property acquisition either alone, or in consultation with their husbands, cultural attitudes and principles have kept women from being legal owners of property. � Touching on the Matrimonial Cases Act, 1971 (Act 367), Mrs Minkah-Premo said the law was enacted to deal with property rights between spouses at divorce. � Asked whether the courts were the only avenues for settling marital property disputes, Mrs Minkah-Premo responded in the negative, because in her view, the Bill provides for the services of the Legal Aid Scheme. � She explained that the scheme provides representation by a legal practitioner for a spouse who cannot afford legal fees, and that the method for settling the dispute under the scheme is by mediation, but was quick to add that where the alternative dispute resolution is unsuccessful a spouse can resort to court action. � Turning to marital property agreement, Mrs Minkah-Premo said the Bill encourages spouses to enter into agreements on their property rights, and allows them to clarify the issues in their property rights without the intervention of a court, adding that this method makes the settlement of disputes easier. � Asked whether the agreement is practicable in Ghana, considering the high level of illiteracy and cultural orientation, LAWA chairperson�s response was in the affirmative. � She said the agreement can work because it needs not to be written. � �it can be oral and each party to an oral agreement is expected to have a witness. Culturally spouses have informally distributed or allocated property to themselves and each other over the years, what the Bill does is to give it the necessary legal backing to prevent injustice. � Mrs Edna Kuma, Executive Director of the African Women Lawyers Association, said the Bill, an updated version of the 2009 one, was gazetted on October 4 this year, and that it has gone to Parliament for the first reading � Mrs Kuma was optimistic that the passage of the Bill into law, would affirm the vision and the mission of the Association �to create a just and equal Ghanaian society where the rights of women and children are upheld; to assist with the reform of laws and practices that discriminate against women and children by promoting and advocating for the enactment and enforcement of laws and policies that protect their human rights.�